Mentol Blog's

Thanks for the reply. Atlast I could talk to my lawyer and the reason given by him is while sending the I485 application for my wife they sent the 1 & 3rd page of the application & missed the 2nd & 4th pages while taking xerox copies. He said he will try to resend it but not not sure whether tehy will accept. He took even 1000$ more from me for fast service.
For his mistake I have to pay the price.

I don't know what to do now..

Which service center your case is in ?
It is in NSC.

What all countries in the world require is young intelligent sensible people like us to become politicians....so that we can make fast changes and make this world a more interesting place to live in.

but but but....

actually our situation is similar to a bunch of people sitting under a mango tree ..the green mangoes on the tree represent the green card.
those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
------------
I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc ..show genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
WARNING ...before attacking this idea ..come up with a better one

Good one. Just be cautious when we start throwing tones of stones, all those that will miss target will be coming towards us standing on the otherside.:)

The date in 'Receipt Date' field on your 485 form is the start date of your 90 days calculation.

WHEN I CALLED USCIS THEY TOLD ME THE NOTICE DATE IS WHERE THEY START THEIR CALCULATION

I AM IN THE SAME BOAT
WAITING FOR AP
TICKS TO INDIA ALREADY ISSUED FOR DEC
I HOPE I GET MY AP BY THEN

Real soon : http://www.kirupa.com/forum/showthread.php?t=319830 :)

Just gave you green

Thanks buddy keep calling

Thanks. Havnt contacted him yet.
post a contact link or email here (for both Stephen Colbert and Jon stewart) so that some members can write to them.

What’s the logic behind USCIS receiving 500,000 Naturalization Applications in July and August 2007? How do the VISA numbers being current relate to Naturalization?!?!?!?!

thanks for your suggestion.

However My I-485 has been pending since June 2005. If it was a medical question RFE they should have found out when it was applied: "initial evidence" (or within six months) or does this happen only when the case is picked up for processing ?

Also this brings up a good point as to what possible reasons can there be for which a RFE can be raised at this point in time (RFE for "additional evidence") ?
1) EVL with current job desc, compensation and full-time employment
2) Last few/All years Tax Returns/W-2. Recent Paystubs.
3) Evidence of legal status throughout the stay in US

what else ?

looking at experiences on websites, medicals can come up right at the end too. The other common RFE is for birth certificate (asking for either translation or affidavits etc). Hang on a few days (keep pinging your attorney every day or every other day) to see what its about. It can sometimes take a week or two for you to receive the RFE from teh time the online status changes...

Last time there was a recession (2001/2002), INS denied a lot of employment based immigrant petitions because they asked companies why they could not hire American programmers who were laid off. This happened people I personally know from reputed companies such as Sun Microsystems. I don't mean to sound negative, but do you think this will happen again? After being in the queue for so many years, the possibility is real.

Even she is 13 years old. She still need to purchase PIN and go for an interview.

All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.

Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.

Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.

Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.

It's not easy to get a J-1 waiver, but with recent changes in the rule, by the time you finish your residency it will be easier. Its easy to get waiver in family practice or psychiatry. Its harder for Internal Medicine/pediatrics/Surgery and fellowships (except Geriatrics)

1) You can get a J-1 visa, but your husbands 140 has nothing to do with this. However, on the positive side, if by the time you complete your residency and donot have a J-1 waiver job and your husband is still maintaining his H-1B or has a GC, you can stay in the US and look for job, but not work. So it gives you more time to find waiver job.

From personal experience, it would be better to go home for two years, while your husband stays here and then you come back as GC and start your practice. But thats for later.

2) You cannot file 485 for your self till waiver is done if you take J-1. If you can wait for a couple of years for the GC (likely soon after retrogression is resolved) and then start residency, then you probably could just start on GC. But its a hard decision, as you dont know if you will get residency after this time or retrogression will resolve soon.

Its frustrating I understand.

Good luck

My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa

I have following questions -

1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?

2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?

3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?

4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?

5) How difficult or easy is to get J-1 wavier

Thanks in advance for your replied

With the current 14n at about $3,000, and the upgrade costs $1,500, I guess the price for new Kodak DSLR should around $4,500 street in March, which is about the same as the 1D-II, available in April to the mass public. What will be the price of the 1Ds by then? Hehe . . .

To me, what I like to find out more about this new Kodak machine is:
1. Lenses - How good will be the (old) primes? Or we still need the latest greatest biggest zooms to get good quality image?
2. Raw / Jpeg - As an amateur, must we still shoot Raw, and Jpeg is still far back in quality?
3. Long expsoure - As a landscape lover, how will the babe perform in long exposures up to 1 minute (not in well controlled studio condition)?

I am waiting for more information before making any move. Oh, I love the iso 6 for landscape. You said kodachrome iso 25 ???

Steven

It is hard to say. I am in the same situation as you (filed concurrently by June 21). I believe it is not worth giving them an extra $1000, and for what. You already have filed your I-485. What is the downside?
Mine was upgraded to Premium by my company after waiting 15 months (see signature). Two days after it was upgraded, my I-140 was approved. Then company lawyer sent inquiry to USCIS on my I-485 after that I saw LUD on 9/15,9/16,9/17 then nothing. Then another LUD on 10/25,10/26 then on 10/27 i got 21 emails from CRIS, our 485 was approved (family of 5). So I think it's worth it. I thought I am stucked with name/background check but I guess I am not since they approved my I-485. So good luck to you guys !!

FYI - last year I was current on August 1st and got my green card email on August 30th. There were plenty of people who did not get it that month and got it following month.

If I were you, I would what ever you think helps your case but looking at how things happend last year, I really dont think anything helped. But I did talk to my congressman and also created SR. I think, if you search for threads titled August 2010 approvals etc you will find everyone went through what you are all going through now.

Whom are you going to sue? Which 'LAW' did they break? Yes you can sue federal agencies or any government agency (up to certain extent), IF you can prove they are breaking law.

Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.

Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....

Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..

Hi Kanaka,

Unfortunately, any medical exams/tests conducted in India and any documents resulting from such are not valid.

Your best bet is to bring your family back and respond to the RFE with documentation based in the US.

Hope this helps.


Hi,

My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.

Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?

Thanks for the help.

Kanaka

Hi Stirfries

I have asked about whether I need to wait for the AP, but my lawyers have said I have to wait until the fingerprinting is done and I have the travel document before I leave..!!! Maybe I need to ring the immigration department again and confirm once again. I keep getting different information from different people..!!

Thanks for your response, there might be light at the end of the tunnel..!!!

I found the ticket prices are comparable. The food was good. Not too much layover
and very good service.

They are very courteous and helpful in air and at Seoul airport.